Type:	Report
Title:	A review of part 2 division 3a of the Restraining Orders Act 1997
Authors:	Department of the Attorney General, Government of Western Australia
Keywords:	Policing;Criminal justice responses;Legislation analysis
Year:	2008
Publisher:	Western Australia. Attorney General's Dept.
Notes:	General Overview: :This Western Australian report provides a detailed analysis of the WA criminal justice system’s response to family and domestic violence. It focuses particularly on the use of police orders. Discussion: :This report addresses the effectiveness of police orders and whether they should be retained, the broader police response to domestic violence, the court response to domestic violence, the statutory provisions relevant to the protection of children from domestic violence and the unique response required in relation to Aboriginal family and domestic violence. It recommends that police order be retained and that the requirement for victim’s consent to an order for 72 hours be removed. The 2004 amendments requiring police to investigate reports of domestic violence and increasing their search and entry powers have resulted in increased reporting of domestic violence incidents, increased offences recorded and an increased number of offenders charged with domestic violence offences. However there are still reports of inadequate response from police, including refusing to apply make orders when injuries are visible, making orders against both parties and proceedings by summons instead of arrest for breach of orders. There are concerns that the consent of the victim is accepted in mitigation when sentencing for breach, that trivial sentences are imposed and protected persons are charged with aiding and abetting a breach of the order. The police are not using the power granted to conduct proceedings for an interim violence order on behalf of a victim. Recommendations are made to address these difficulties. The use of a victim’s out of court statements, where the victim is unwilling to give evidence, is explored. The report considers issues particular to Aboriginal family violence, notes that 24 hour “cooling off” orders are supported but 72 hour orders are considered too long and discusses the use of orders allowing cohabitation. It concludes with a call for a holistic and joined up response to family and domestic violence.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/19744
Physical description:	74 p.
Appears in Collections:	Reports

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